Legal Opinion · Dissent
Seminara v. Frank Seminara Pontiac-Buick, Inc.
New Mexico Court of Appeals
Decided September 23, 1980No. 4449Published
1DissentSutin, Judge
I dissent.
On August 2, 1973, plaintiff sued Gonzales for damages arising out of an automobile collision. The jury having returned with a verdict of zero damages in favor of plaintiff, judgment was entered in favor of plaintiff for zero damages.
On August 27, 1979, plaintiff filed a workmen’s compensation claim against defendants arising out of the Gonzales accident for medical expenses and attorney fees. The trial court awarded defendants summary judgment on the theory of collateral estoppel and plaintiff appeals. We should reverse.
“Collateral estoppel means that when an issue of ultimate fact…
2Cases cited14 opinions
- Brown v. Arapahoe Drilling CompanyNew Mexico Supreme Court · 1962
- Schiller v. Southwest Air Rangers, Inc.New Mexico Supreme Court · 1975
- Kandelin v. Lee Moor Contracting Co.New Mexico Supreme Court · 1933
- State v. RogersNew Mexico Supreme Court · 1977
- Security Insurance Co. of Hartford v. ChapmanNew Mexico Supreme Court · 1975
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